Case Study: Wrongful Termination A 50-year-old black male truck driver filed a wrongful termination and discrimination case against his employer citing the reasons for his firing were unlawful. In addition, his employer, the trucking company, attempted to classify him as a 1099 independent contractor when he should have been classified as a W-2 employee. ...
Medical Malpractice A regional hospital was handling a challenging medical malpractice claim involving a child diagnosed with cerebral palsy, epilepsy and significant developmental delays. Due to the nature of the claim, the life expectancy, medical cost projections, and valuation ranges were each hotly contested items. The Challenge As a result of years of low interest...
Uniform Periodic Payments of Judgments Act: Conclusion In retrospect, the failure of the National Structured Settlement Trade Association (NSSTA) to support the Uniform Periodic Payment of Judgments Act (“Uniform Act”) in 1990 can be viewed as a critical turning point in structured settlement history. Although enactment of the Uniform Act in the early 1990s would have required a sustained commitment...
July 26 marks the 30th anniversary of the enactment of the Americans with Disabilities Act of 1990 (ADA). This legislative anniversary should be recognized and remembered as an important historic milestone among structured settlement and settlement planning professionals who advise personal injury victims and their families. The ADA is a civil rights law that prohibits discrimination based on...
For the vast majority of the 300 plus members of the National Structured Settlement Trade Association (NSSTA) who attended the two-day NSSTA-sponsored conference in the Fall of 1990 to learn about “Uniform Periodic Payment of Judgments Act”(“Uniform Act” ), almost all of whom were defense brokers and life company representatives, the potential advantages and benefits of the...
How different might the structured settlement market be today if the National Structured Settlement Trade Association (NSSTA) had endorsed and actively promoted the “Uniform Periodic Payment of Judgments Act” (Uniform Act) beginning in 1990? In retrospect, NSSTA’s failure to support the Uniform Act in 1990 can be viewed as a critical turning point in structured settlement history....
Revisiting Periodic Payment Judgments State periodic payment of judgment statutes originated in the United States as part of the tort reform movements of the 1970s and 1980s, some of which predate the Periodic Payment Settlement Act of 1981 ultimately establishing the federal income tax foundation for structured settlements. Though rarely studied today in industry educational...
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